EVERSON+v.+BOARD+OF+EDUCATION

Carrie Gossett Week 2 Case EVERSON v. BOARD OF EDUCATION OF THE TOWNSHIP OF EWING SUPREME COURT OF THE UNITED STATES 330 U.S. 1 **Argued November 20, 1946 ** **Decided February 10, 1947 ** **Background: **The New Jersey state law allowed the payment to parents for transportation of students to and from school whether public, private or Catholic. The record shows that 96% of the school that benefited from the policy was parochial Catholic schools. Public tax payers in the Township of Ewing filed a lawsuit alleging that the policy indirectly aids religion by allowing compensations for transportation of students attending religious schools. To repay the parents for the cost of a student’s public transportation to private or parochial schools is a violation of the Constitutional prohibition against state support of religion. Mr. Tax payer, Arch R. Everson states that the New Jersey State Constitution and the First Amendment were violated by the Local School Board. The First Amendment requires a separation between church and state. ** Decision and Rationale: ** The courts ruled that tax funds used to repay parents for public transportation to school regardless of the type of school was legal and did not violate the First Amendment of the U.S. Constitution or the State Constitution. The funds used do not support religion. The parents who are tax payers have the right to have the cost of public transportation paid. ** Impact on Teaching: ** The impact on teaching is both good and bad with the decision. The establishment of the religion clause of the first amendment means that the State or Federal Governments cannot support or establish a church. No laws can be passed to aid one religion or non-religion school over another. Teachers will be limited to what can be covered within the class lessons, when it comes to religion limited to history and general information. Teachers have to leave their beliefs outside of the class when it comes to religion. Schools are limited to incorporating religion into school events. The effects of the decision have increased lawsuits in the courts and caused a deeper look at the meaning behind the words in the written Constitution. ** Quiz Question: True or False – ** The fifteenth Amendments of the Constitution allows for state funds to be used for private schools.

Kari Graves Case #2

 **EVERSON v. BOARD OF EDUCATION OF EWING TP., 330 U.S. 1 (1947) **  **<span style="color: #000000; font-family: 'Times New Roman',serif; font-size: 10pt;">330 U.S. 1 ** <span style="background: white; display: block; line-height: normal; margin: 0in 0in 11.25pt; mso-margin-top-alt: auto; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 10pt;">EVERSON **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;"> v. **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;"> BOARD OF EDUCATION OF EWING TP. et al. **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;"> No. 52. **


 * <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;"> Argued Nov. 20, 1946. **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;"> Decided Feb. 10, 1947. **

In New Jersey a law allowed school boards to pay for cost of transportation to and from school including private schools. Approximately 96% were private Catholic schools. Everson, was a taxpayer in Ewing Township, he filed a lawsuit on the premise that payment of reimbursing parents and students for attending the private Catholic school was an aid to religion. He believed that it violated both the New Jersey State Constitution and the First Amendment. After a loss in the New Jersey Court of Errors and Appeals, then the state's highest court, Everson appealed to the U.S. Supreme Court on purely federal constitutional grounds. Arguments were heard on November 20, 1946.
 * Background **

The courts ruled that the payment was allowed because any student regardless of religion was eligible. The payments also went to the parents and not the church or establishment of any religious institution. The decision using the Religious Clause guided the court in other decisions that came to them later down the road. It was very clear that neither a state nor the Federal Government can set up a church, pass laws which aid a religion or prefer one over another.
 * Decision **

The Everson decision has caused the lawmakers and courts to struggle on how to balance its duty to all students. The State nor Federal Government is able to support any religion in any fashion. The State and Government also must serve all students regardless of religion and offer them the same education and opportunities. More info here...
 * Impact **

Question

What was the rationale behind the courts decision?